Bibi Rubeda Khatoon @ Rubeda Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12244 of 2024 Arising Out of PS. Case No.-272 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== BIBI RUBEDA KHATOON @ RUBEDA KHATUN W/O MD. RAHUL, D/O LATE AINUL @ LATE MD. JENUL R/O VILLAGE- RAHTA WARD NO. 7, P.S- UDAKISHUNGANJ, DISTT.- MADHEPURA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Udakishunganj Police Station Case No. 272 of 2022, dated 13.08.2022, disclosing offences under Sections 304-B/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the sister of the informant was married to the coaccused Md. Rahmat in the year 2016. After few days of marriage the family members of the husband of the informant's sister started demanding dowry and due to non-fulfillment of the demand, the informant's sister was tortured physically and mentally by them. It has further
Patna High Court CR. MISC. No.12244 of 2024(2) dt.12-03-2024 2/3 been alleged that on 13.08.2022 the informant got the information that the accused persons, including the petitioner, strangulated the informant's sister to death.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on basis of general and omnibus allegation. All the family members of the deceased's husband has been made accused by the informant. He next submits that no specific role has been assigned to the petitioner and the petitioner is sister-in-law (Nanand), who is residing, alongwith her husband, outside the matrimonial home of the deceased. Learned counsel further submits that the mother-in-law of the deceased has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 8433 of 2024.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the general and omnibus nature of allegation against the petitioner and the fact that the petitioner is married sister-in-law (nanand) of the deceased, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.12244 of 2024(2) dt.12-03-2024 3/3
7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Udakishunganj, Madhepura, in connection with Udakishunganj Police Station Case No. 272 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T